The expression 'commencement of this Act' in Section 15-AAA of the Rajasthan Tenancy Act, 1955 refers to the date of commencement of the Act, which is 15.10.1955. The classification of tenants based on the date of commencement of the Act is not discriminatory and is based on valid grounds.

1. - All these writ petitions mentioned in the schedule appended to this order are disposed of by this common order as they involve common question of law.

2. For the convenient disposal of all these writ petitions, the facts of D.B. Civil Writ Petition No. 1865 of 1985, Ram Karan v. State of Rajasthan and Ors. are taken into consideration.

3. The petitioners are citizens of India and are residents of Chak No. 13 B.L.D. Tehsil Anupgarh District Sri Ganganagar. 47.11 bighas of land comprising in Murabba No. 118/408 and 317/409 in Chak 12 B.L.D. and 13 B.L.D. respectively District Sri Ganganagar came to be allotted to the petitioners by way of temporary cultivation lease. Thereafter, by the order dated 13.9.1971 the respondent No. 3 allotted 24.10 bighas of land comprising murabba No. 217/409 to the petitioner on permanent basis under the provisions of the Rajasthan Colonisation (Allotment of Government Land to Post 1985 temporary cultivation Lease 1 Holders and other Landless Persons in the Rajasthan Canal Project Area), Rules 1971 (hereinafter referred to as the 'Rules of 1971') and order for resumption of the land comprising in Murabba No. 218/408 came to be made by the order dated 13.9.1971. This order came to be challenged by the petitioner by filing a writ petition before this Court and by other similar writ petitions, filed by other similarly situated persons. But those writ petition were dismissed. Against the same appeal were also preferred but they were also dismissed. Ultimately the challenge to the aforesaid rules succeeded before the Hon'ble Supreme Court of India in Jaila Singh and Anr. v. State of Rajasthan and Ors. [AIR 1975 SC 1436] and the said Rules came to be struck down. The petitioners were, however, continued in possession of the land because the Government could not frame the Rules and they directed them to continue. The petitioners were sought to be evicted Under Section 91(3) of the Rajasthan Land Revenue Act. But some how they remained in possession. The petitioner applied for allotment of 25 bighas of land comprising in Murabba No. 218/408. However, this application was rejected by the order dated 18.2.1981.

4. Mean while, the Government framed the Rules known as Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975 (hereinafter referred to as 'the rules of 1975'). The Government also amended the provisions of the Rajasthan Tenancy Act, 1955 (referred to hereinafter as 'the Act of 1955') and the Government came forward with the Rajasthan Tenancy (Amendment) Act, 1979 (hereinafter called 'the Act of 1979'). By virtue of the Amendment Act of 1979 a new Section 15-AAA was sought to be inserted in the Act engrafting an exception to Section 15-A of the Rajasthan Tenancy Act. Then, again the Government came forward with the Rajasthan Tenancy (Amendment) Act, 1983 (hereinafter referred to as 'the Amending Act of 1983'). By this amendment Act of 1983 new Sub-sections were added to Section 15-AAA; namely, Sub-sections (3), (4) and (5). The petitioner by this writ petition has challenged the provisions of the Amendment Act of 1983 to the limited extent that the expression used in Sub-section (3) of Section 15-AAA i.e. 'commencement of this Act' should be struck down, on the anvil of Article 14 of the Constitution of India.

5. In order to appreciate the arguments of the learned Counsel, it will be necessary to refer to some of the provisions of the Act of 1955. The Rajasthan Tenancy Act, 1955 came into force on 15.10.1955. Section 5(43) defines a 'tenant' which reads as under:

"5(43). "tenant" shall mean the person by whom rent is, or, but for a contract, express or implied, would be, payable and, except when the contrary intention appeared, shall include--

(a) in the Abu area, a permanent tenant or a protected tenant.

(b) in the Ajmer area, an ex-proprietary tenant or-ordinary tenant or a hereditary tenant or a non-occupancy tenant or a Bhooswami or